With polls in six states including Delhi, Madhya Pradesh and Rajasthan in November-December this year and general elections early in 2009, the government plans to clamp down on exit and opinion polls claiming that these influence voting behaviour especially when elections are held in phases.

Sources said the Cabinet will discuss tomorrow a proposal to amend the Representation of the People Act, 1951, to ban exit polls from the EC’s date of notification. And opinion polls until the completion of the last phase of elections.

The Election Commission has for long been asking for this although it goes against the Supreme Court’s observations and opinions of successive Attorneys-General who advised that this violated the freedom of expression. But Law Minister H R Bhardwaj had, in a reply to a question in the Rajya Sabha in April this year, said that the EC’s ban proposal was under the government’s consideration.

The need to take legislative recourse was prompted because the Supreme Court had in 1999 censured the EC for a similar order. The court said that an all-party decision calling for a ban did not provide it a legal sanction to order a ban.

If the Cabinet approves the proposal, a Bill to amend the law will be tabled in Parliament in the coming session. Upon enactment, India will join China, Korea and Mexico that have embargoed or banned exit and opinion polls.

Soli Sorabjee, who was Attorney General in 2004, had argued against such bans stating it violated the fundamental right to freedom of expression. But political parties have been united in their opposition claiming such polls influenced voting. More so, because, of late, many forecasts were out of sync with final results.